NYS Department of Labor eligibility - got fired but worried about misconduct disqualification
So I've been working at this retail job for about 8 months and honestly the management is terrible. They keep cutting my hours even though I'm one of their best employees, changed my schedule without notice multiple times, and now they're making us work mandatory overtime with no advance warning. I've been looking for other work but nothing's come through yet. I'm wondering - if I end up getting fired for pushing back on these unreasonable demands, would I still qualify for unemployment benefits? I know NYS Department of Labor looks at misconduct but I'm not sure what counts. Has anyone dealt with this kind of situation before?
12 comments
Join the conversation
Nia Thompson
Be really careful here. NYS Department of Labor will deny your claim if they determine you were fired for misconduct. That includes things like insubordination, violating company policies, or deliberately poor performance. However, if you're fired for reasons beyond your control or for pushing back on legitimate workplace violations, you might still qualify. Document everything - keep records of schedule changes, unreasonable demands, any safety issues. If you file a claim and get denied, you can appeal the decision.
0 coins
Luca Esposito
•Thanks, that's really helpful. I've been keeping screenshots of all the schedule changes they send via text. Should I also document the overtime demands?
0 coins
Mateo Rodriguez
honestly just quit and say you had to for health reasons or something, way easier than trying to get fired 'the right way
0 coins
GalaxyGuardian
•That's terrible advice. If you quit voluntarily, you're almost certainly disqualified from unemployment unless you can prove you had 'good cause' which is really hard to do. Getting fired is actually better for UI eligibility than quitting in most cases.
0 coins
Aisha Abdullah
I went through something similar last year with my restaurant job. They kept changing my shifts and cutting hours, so I started pushing back harder about it. Eventually they fired me for 'attitude problems' but when I filed for unemployment, NYS Department of Labor approved my claim. The key was that I had documented all their unreasonable demands and could show I was trying to work within reason. The adjudication took about 3 weeks but they ruled in my favor. If you do get fired and your claim gets denied, definitely appeal it - lots of initial denials get overturned.
0 coins
Luca Esposito
•That gives me some hope! Did you have to provide a lot of documentation during the adjudication process?
0 coins
Aisha Abdullah
•Yeah they asked for all my documentation - text messages, emails, any written policies. The employer also submitted their side but my records helped show the full picture.
0 coins
Ethan Wilson
UGH this is so frustrating! I've been trying to get through to NYS Department of Labor for WEEKS about my own claim and their phone system is impossible. Every time I call I either get disconnected or sit on hold for hours. Has anyone found a way to actually talk to a real person there?
0 coins
Nia Thompson
•I had the same problem until someone told me about Claimyr (claimyr.com). It's a service that calls NYS Department of Labor for you and gets you connected to an actual agent. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I was skeptical at first but I was able to get through in like 20 minutes after weeks of trying myself. Really helped me resolve my adjudication issue.
0 coins
Ethan Wilson
•Interesting, I'll check that out. At this point I'm willing to try anything to get answers about my claim status.
0 coins
Yuki Tanaka
Just want to add - make sure you understand the difference between being fired for cause vs. being laid off. If your hours are getting cut that badly, they might actually be laying you off rather than firing you, which would definitely make you eligible for benefits. Also remember you have to do your weekly claims and job search requirements even while your initial claim is being reviewed.
0 coins
Luca Esposito
•Good point about the layoff vs firing distinction. They haven't officially said anything about layoffs but with how much they've cut everyone's hours it almost feels like they're trying to force people to quit.
0 coins